SUMITH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is at the instance of the petitioners who are mentally retarded children, represented by their guardians. The subject - matter of dispute is the alleged denial of admission for them for the academic year 2011-2012 in the Shilpa Special School, Palluruthy, of which the seventh respondent is the Principal.

(2.) Elaborate arguments have been heard on both sides. The resolution of the dispute requires consideration of the facts in some detail and therefore initially I shall refer to the factual aspects.

(3.) According to the petitioners, the classes for the academic year 2011-2012 started on 15/06/2011. The school is managed by a Society called 'Shilpa Society for the Mentally Handicapped' represented by the sixth respondent Secretary. They are getting grant from the Central Government. Even though it is alleged in the writ petition that they have been receiving grant from the State Government and the Cochin Corporation, the same was found not correct and the State Government is not giving any grant, and the Cochin Corporation is actually giving scholarship to the children admitted. It is pointed out that the petitioners were students undergoing their training in the school for the last 5 to 6 year and admission was denied, since the parents of the children could not comply with the direction for payment of donation of Rs.2000/-.